Chapter Number 94, Streets and Sidewalks

CHAPTER 94:  STREETS AND SIDEWALKS

Section

            Construction, Installation and Repairs

            94.01   Permit required

            94.02   Application for permit

            94.03   Emergency work

            94.04   Bond

            94.05   Permit

            94.06   Record of permits

            94.07   Work requirements

            94.08   Restoration of premises

            94.98   Violations

CONSTRUCTION, INSTALLATION AND REPAIRS

• 94.01 PERMIT REQUIRED.

            Unless acting under a contract with the city, it shall be unlawful for any person, other than a duly authorized city official or employee in the course of his or her employment, to make, cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, curb, sidewalk or other public place within the limits of the city, without first having obtained and having in force a permit to do so.

(Prior Code, § 14.01)

• 94.02 APPLICATION FOR PERMIT.

            Any person desiring to procure a permit as for new construction or non-emergency repair as herein provided shall file with the City Administrator at least 24 hours before the time proposed to begin such work a written application. Such application shall state the name and business or residence address of the applicant, the name of the street, alley, sidewalk, curb or public place in or under which it is desired to make the excavation or opening, the kind of pavement or sidewalk thereon, the purpose, size and location of the proposed excavation or opening, the name and business or residence address of the person for whose benefit the work is to be done and the time during which it is desired such opening is to be permitted. When required by the City Administrator, the application shall be accompanied by a plat or pencil tracing or sketch showing the location, character and dimensions of the proposed excavation or opening for the installation of new work or the location and character of the alterations involving the location of pipes, conduits, wires or other conductors.

(Prior Code, § 14.02)

• 94.03 EMERGENCY WORK.

            In cases of extreme emergency which are herein limited to water and sewer repairs only and which emergencies may occur during non-business hours, work may be commenced upon notification being provided to the City Administrator, Superintendent of Public Works or any other city official.  Immediately upon opening of business on the first business day after the emergency work has commenced, application shall be made with the City Administrator as herein provided.

(Prior Code, § 14.03)

• 94.04 BOND.

            The application shall be accompanied by a surety bond, cash or certified check in an amount determined by resolution of the City Council to safeguard the public, conditioned on the faithful performance of such work in accordance with the rules, regulations and ordinances of the city within the time fixed by the city in the permit and for the restoration of any street, alley, sidewalk, curb or other public place in which the excavation or opening shall be made by such person to its original condition and to the satisfaction of the city and for the maintenance of such condition for such length of time as shall be required by the city and that such persons will indemnify and save harmless the city against and from any and all damages or claims for damages, losses, costs, charges or expenses that may be brought against it by any person for or on account of injury to persons or property resulting from or occasioned by operating in or using any of the streets under a franchise.  Any person who, by reason of his or her business, has the necessity of working in any public places may file a bond in an amount determined by resolution of the City Council conditioned as above to cover all excavations made by him or her for a period of one year from the date of filing, but permits for all excavations must be applied for and issued as herein provided.

(Prior Code, § 14.04)

• 94.05 PERMIT.

            The City Administrator upon the filing of the application and bond and the payment of a fee shall issue a permit which shall state the name and address of the applicant, the location, nature, purpose and extent of the excavation or opening, the kind or kinds of pavement to be disturbed, the amount of the deposit paid by the applicant and the dates of granting and expiration of the permit.  All permits shall be consecutively numbered and shall be made in triplicate, one copy to be given to the applicant, one copy to be delivered to the City Engineer and one copy to remain on file in the office of the City Administrator. Such permit shall at all times be in the possession of a competent person actually on the work and shall be shown upon request to a police officer or properly authorized officer or employee of the city.

(Prior Code, § 14.05)

• 94.06 RECORD OF PERMITS.

            The City Administrator shall prepare and keep a record of permits issued, numbered in the order in which they were issued; name and address of persons to whom issued; location, nature, purpose and extent of excavation or opening; time in which the street is to be restored; fee and amount of deposit paid; and such other and further items as will enable anyone to obtain a complete history of each permit from its issuance to its termination. The copies of the permits kept by the City Administrator, if properly bound, may be used as a basis for such record.

(Prior Code, § 14.06)

• 94.07 WORK REQUIREMENTS.

            All work under a permit shall be under the supervision of the City Engineer and in conformity with the following requirements.

            (A)      Execution. All work shall be started within 24 hours after the receipt of the permit and shall be pursued diligently and continuously until completed. When in consequence of the weather or any process of the law or any other unexpected obstacle, the work shall be stopped for so long a time that public travel shall be obstructed, the excavation or opening shall be refilled and repaved as if the work contemplated in a permit were actually completed.

            (B)       Amount of surface removed. In no case shall a person open or remove a greater area of surface and at no other location than that specified in the original or supplementary application; provided, that if at the time of actually doing the work it shall be necessary to open or remove a greater area of surface than originally applied for, the applicant shall first notify and procure the consent of the City Engineer to do so upon the express condition that he or she will, before noon of the following business day, file a supplementary application for the making of additional excavation.

            (C)       Opening of streets at intersection; interference with fire hydrants and the like; snow removal and the like.  At the intersection of cross streets, no more than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. All work shall be prosecuted so as not to interfere with easy access to fire houses, fire hydrants and United States mail boxes.  The permittee must remove within 24 hours all snow and ice that may fall or form upon the street within three feet upon either side of the opening and keep such space free from snow and ice until the opening is properly refilled.

            (D)      Inspection.  The installation of all service lines shall be inspected by a duly authorized city representative before any backfilling takes place.

            (E)       Backfilling. All excavations shall be backfilled and compacted to original density. The broken edges of the original surfacing shall be cut away with a saw. All backfilling and sawing shall be inspected by a duly authorized city representative before any resurfacing is done. The backfilled and compacted excavation shall be resurfaced using materials in-kind to the original and shall include all subbase, base and surfacing courses encountered.           

            (F)       Resurfacing.  All resurfacing shall be inspected by a duly authorized city representative.

            (G)      Restoration of curb and gutter.  Any portion of the curb and gutter that is damaged in the course of construction shall be restored to its original condition or replaced.  All restoration of curbs and gutters shall be inspected by duly authorized city representatives.

            (H)      Water and sewer taps.  All taps into city sewer and water mainlines shall be made by city employees under the direction of the Superintendent of Public Works. 

                        (1)       Water tap.

                                    (a)       When the city is requested to make a water tap it will be the responsibility of the owner and/or contractor to have the line exposed.  The ditch must meet OSHA standards. If the ditch appears unsafe, the city will refuse to make the tap until the ditch is in conformance with OSHA standards.

                                    (b)       There are two different types of taps.  One is a short-tap, the other being a long-tap.  A short-tap is when the main line is on the same side of the street or alley as the property.  A long-tap is when the main line is either in the center of the street or alley or on the opposite side of the street or alley of the property.

                                    (c)       The taps will consist of the following materials: curb stop, corporation, curb box and enough pipe to bring the curb stop to the highway right-of-way.

                                    (d)       The fee will be as set from time to time by resolution of the City Council for a short-tap as well as for a long-tap. The fee will be paid before the tap is made.

                        (2)       Sewer tap.

                                    (a)       There will be a fee as set from time to time by resolution of the City Council for making any tap in any sewer main owned by the city.  Only city personnel shall make sewer taps.

                                    (b)       The owner and/or contractor will have the line inspected within the highway right-of-way by authorized city personnel before any material is put back into the ditch.

(Prior Code, § 14.07)

• 94.08 RESTORATION OF PREMISES.

            In the event that the applicant fails to restore the premises within a reasonable period of time, the city may, after giving five days written notice to the applicant, restore the premises with its own force or by contract and may deduct the cost thereof from the deposit of the applicant. If the cost of restoration exceeds the deposit, the applicant shall, within ten days, after written notice of the amount is given to him or her by the Administrator, reimburse the city for the additional cost.

(Prior Code, § 14.08)

• 94.98 VIOLATIONS.

            Any person who shall violate any of the provisions of §§ 94.01 et seq., including but not limited to their failure to obtain a permit, failure to make a proper deposit, failure to restore the premises as herein provided or failure to reimburse the city for the additional cost, upon conviction thereof, shall be guilty of a misdemeanor.  Each day during which a violation continues shall be considered as a separate offense and shall be punishable as such.

(Prior Code, § 14.09)  Penalty, see § 10.99